Plea deals

[notusedtothis]

What is the name of your state? Tx

Situation:

2 felonies (presc. fraud)
1 already dismissed
1 still pending

Can the pending charge be reduced to a misd. and then deferred adjudication or must you defer the actual original charge and then it is dismissed at the end of prob completion?

I forgot a question on this note.

Why would the DA want to meet with both my husband and myself and our atty? He has already pulled my record and of course, I am clean. So, he knows I was not involved in illegal activity myself. Why, then would he want me to be present when they strike a deal or whatever actually happens?

thank you in advance

 

[Kane]

The prosecutor can reduce the charge and recommend deferred adjudication, if he wants. Ordinarily, he'd do that as part of a plea bargain - in other words, in exchange for a plea of guilty.

It's up to the judge to accept or reject any particular plea, or plea bargain.

Whether a prosecutor WOULD agree to do that is a different question, and depends on a lot of factors, the most important of which is how much evidence they have against the defendant.

If they have a lot of evidence, they'd be unlikely to do it. If they had very little evidence, they might.


I have no idea why the DA would want to meet with you.

 

[seniorjudge]

Why would the DA want to meet with both my husband and myself and our atty? He has already pulled my record and of course, I am clean. So, he knows I was not involved in illegal activity myself. Why, then would he want me to be present when they strike a deal or whatever actually happens?

The DA knows or thinks he knows some stuff about you that you have not been truthful about to your own attorney. In the midst of the negotiations, the DA will mention this and get everyone off kilter.

 

[notusedtothis]

Truthful

I was assured by our atty (he is good friends with DA - small town, everyone knows everyone) that they absolutely knew before indictments from grand jury that I was not involved in any way and that my husband was using it himself and not selling.

Our atty also said something else that I don't know how to interpret. He said that we have nothing to worry about at this point. And that someone is "looking out for" us. We don't know who or why. When we went to meet with DA (on the day of plea hearing back in Sept) we showed up at the courthouse ready to go and our atty came out and said we could go on home - they were just testing us...and DA dropped one charge that day. He said we would meet back in Dec. to decide what to do with the other charge.

We have been keeping atty posted on all medical procedures we have since completed on my husband's back. Glad this happened when it did. Come to find out he has 4 torn discs and nerve impingement (causing sciatica) and spinal stenosis. He prob'ly would have blown out his back completely in another year. It took forever before we found a DR who knew what to do about the back issues, though. But this time I didn't let him cop out - like he chose to do when he kept getting bad medical advice.

Thanks for being kind. This has been the single most traumatic event in my life and I am still reeling.

Michelle

 

[seniorjudge]

Thanks for being kind. This has been the single most traumatic event in my life and I am still reeling.

Yes, committing crimes can be hard on a person.

 

[notusedtothis]

Indictments not against me...but crimes are hard on families. Oh well, for better or worse, sickness and health and I love him very much. Thanks for the help.

 

[Heather2]

What is the name of your state? Tx

Situation:

2 felonies (presc. fraud)
1 already dismissed
1 still pending

Can the pending charge be reduced to a misd. and then deferred adjudication or must you defer the actual original charge and then it is dismissed at the end of prob completion?

I forgot a question on this note.

Why would the DA want to meet with both my husband and myself and our atty? He has already pulled my record and of course, I am clean. So, he knows I was not involved in illegal activity myself. Why, then would he want me to be present when they strike a deal or whatever actually happens?

thank you in advance

They usually won't lower it to a misdemeanor if they have enough evidence of his crime. If he gets felony deferred adjudication he will have to file for an order of non disclosure 5 years after completion of probation to get it off his record.